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May 2, 2003     Cape Gazette
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May 2, 2003

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Delaware's Cape Region Friday, May 2 - Thursday, May 8, 2003 Volume I0 No. 50 "THE PRICE OF LIBERTY IS ETERNAL VIGILANCE" Watermen win horseshoe crab injunction Advisory council members threaten to resign posts By Jim Cresson Court of Chancery Judge William B. Chandler III issued a restraining order against the Department of Natural Resources and Environmental Control (DNREC), April 30, hours before the state was to implement an April 25 emergency order against horseshoe crab harvesting in May. Delaware's watermen had argued for anonths that there is no evidence the local horseshoe crab population is endangered and thus no sound reason for the state to issue an emergency order closing the har- vest operation during May and cutting annual harvest limits by half. Georgetown attorney Tim Willard, who represents local horseshoe crabbers Charles Auman, Frank Gorski, Ray Trout Jr. and Albert Adams, filed the request for an injunction against the state order at 9 a.m., April 30..DNREC officials were called to Chancery Court in Georgetown to argue their case for issuing the order. DNREC's Division of Fish & Wildlife Director Lloyl Alexander justified the state order during a conversation with the Cape Gazette, April 28. Alexander said: "Our crab information goes back 10 years and it certainly shows a Continued on page 22 Waterman Charlie Auman, who led the fight to chal- lenge the state emergency order closing horseshoe crab harvesting in May, gives a thumbs up sign on his Mispillion Inlet boat dock after reviewing Chancery Court Judge William B. Chandler's April 30 restraining Residents and skateboarders ... .... . . clash in Lewes By Andrew Keegan The most difficult task facing a skateboarder in Lewes is not practicing kick-flips but finding a place to practice without incurring the wrath of residents. Teenagers habitu- ally gather at various streets throughout the city to practice a multitude of tricks until they are forced to move to anoth- er location - primarily due to citizen complaints. Lewes has nine ordinances on the books regarding the use of skateboards within city limits. While the city does allow skateboarding on sidewalks for children 12 and under, it prohibits "ramps, jumps or other devices to per- Continued on page 12 Jim Cresson photo order against implementing the closure. "Our attorney Tim Willard believed in us," said Auman. "And Judge Chandler believed WUlard's arguments. "The crabs have begun moving now, and we're back in business." rAndr Keegan photo Lewes needs to offer an area designated for skateboarders - a solution that would satisfy everyone, according to this trio. Shown are (l-r) 14-year-olds Ryan Minnick, Jon Milton and Billy Wright on Bowman Drive. Judgement awarded in wrongful death suit By Kerry Kester A Sussex County jury found a local physician and nurse practitioner responsible for a child's death, and after delib- erating more than five hours, April 30, it awarded more than $6 million in damages to the child's mother. The award is the second highest in Sussex history. A 1996 nonmedical civil suit resulted in a $7 million award. The wrongful death award, however, is the highest in Sussex County for a malpractice case. The judgment was against Dr. Douglas Allen and nurse practitioner Betty Brittingham, whose practice - Sussex Emergency Associates - is under contract to provide physi- cialis and other practitioners to the Medical Center Emergency Department. Allen was stunned by the verdict, noting numerous expert and other witnesses found no medical negligence on the part of any of the Sussex Emergency Associates. "The chief of pathology at Jefferson Medical School [which per- Continued on page 19